We are pleased to report that we have prevailed once again in a client's DUI case by not only ensuring that no charges were filed in court against her but also by prevailing in her Administrative Per Se DMV hearing in Oakland. The client was arrested by the Albany police department for a DUI in August when she was stopped for speeding on a local Street in Albany. Despite the fact that the officer claimed to have observed the standard symptoms of bloodshot and watery eyes, a strong odor of alcohol about her person and that the client failed the field sobriety tests, we prevailed in the client's DUI case by subpoenaing the police agency's maintenance and calibration records for the machine that was used to test our client and by employing the testimony of our top notch expert, Forensic Toxicologist Kenneth Mark. Mr. Mark testified that the Alameda County Sheriffs Department records indicated that the machine used to measure our client's blood alcohol content (BAC) was consistently reading high for the period of one month before, during and one month after the date that our client's blood alcohol content was measured. The Department of Motor Vehicles hearing officer conceded that there was no defense to our argument that the Department of Motor Vehicle's did not meet their burden of proving by a preponderance of the evidence that our client was driving with a .08 blood alcohol content or higher at the time she was observed driving. Thus, the proposed suspension was set aside. Similarly the Alameda County District Attorney agreed not to file charges based upon a lack of evidence.
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